Memphis, TN asked in Divorce and Family Law for Tennessee

Q: im in the middle of a divorce and i am pregnant with my boyfriends baby can that stop me from getting a divorce

i separated from my husband on June 28th 2019 and me and my current fiancee got pregnant in November the due date is July 15th of this year. my ex husbands lawyer says that in order to get a divorce we need to have paternity test done and i see no reason why when there is no possibility of him being the father. we all agree on that but his lawyer is saying we cant get a divorce until after the baby is born i dont want to wait i want to get married to my current fiancee before hand

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1 Lawyer Answer
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: You would be wise to consult with a lawyer on this issue. The reason is because your husband (who is not your ex until the judge signs the divorce order) is the presumptive father under the law. He doesn't want to get hit with a request for child support in the future or deal with paternity at a later date. You also can't get married to your current fiancee until the divorce from your husband in final. Your own counsel would be helpful to get you through the process.

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